The Second Division consisted of the regular members and in

addition Referee James P. Carey, Jr., when award was rendered.


PARTIES TO DISPUTE:

SYSTEM FEDERATION No. 121, RAILWAY EMPLOYES'

DEPARTMENT, A.F. of L.-C.I.O.-(Blacksmiths)













EMPLOYES' STATEMENT OF FACTS: The Texas and Pacific Railroad, hereinafter referred to as the carrier, has a mechanical department and a reclamation plant located at Marshall, Texas, in each of which was located a blacksmith shop. Prior to May 15, 1948, there were two seniority rosters for the blacksmiths and helpers, one for the reclamation plant and one for the mechanical department. May 15, 1948, a Memorandum of Agreement was signed consolidating these two seniority rosters, giving prior rights to the men in each department. Upon signing of the new agreement dated September 1, 1949, this memorandum agreement became Rule 20, paragraph (a) 1, which reads as follows




3591-13





For the reasons stated above, the carrier respectfully requests the Board to deny the claim in all respects.


FINDINGS: The Second Division of the Adjustment Board, based upon the whole record and all the evidence, finds that:


The carrier or carriers and the employe or employer. involved in this dispute are respectively carrier and employe within the meaning of the Railway Labor Act as approved June 21, 1934.


This Division of the Adjustment Board has jurisdiction over the dispute involved herein.



3591-14 895

The principle involved in this case was fully discussed and correctly determined in our Award No. 2274. In view of what was said there, in which we concur, the instant claim lacks merit.










Dated at Chicago, Illinois this 8th day of November 1960.



The majority in Award 3591 have based their denial award on determinations set out in a previous award (2274). Thus the majority continue to compound error by continued promulgation as dictum that which is false and erroneous.


The majority here again improperly assert that the so-called "abolition of positions" can be used as a device to negate the Reduction in Force Rule (Rule 18) providing that "Four days' notice will be given employe affected before reduction is made * * *."


The majority in reaching this erroneous conclusion have for all practical purposes removed Rule 18 from the agreement.






                        R. W. Blake


                        Charles E. Goodlin


                        T. E. Losey


                        James B. Zink